Cases On Equity Jurisdiction
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Author | : Charles Mitchell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 750 |
Release | : 2012-07-06 |
Genre | : Law |
ISBN | : 1847319742 |
Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Author | : John C. P. Goldberg |
Publisher | : Cambridge University Press |
Total Pages | : 483 |
Release | : 2019-08 |
Genre | : Law |
ISBN | : 1108421318 |
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author | : Wesley Newcomb Hohfeld |
Publisher | : |
Total Pages | : 44 |
Release | : 1913 |
Genre | : |
ISBN | : |
Author | : Paul M. Perell |
Publisher | : Lexis Law Publishing (Va) |
Total Pages | : 148 |
Release | : 1990 |
Genre | : Civil law |
ISBN | : 9780409896640 |
Author | : Joseph Story |
Publisher | : BoD – Books on Demand |
Total Pages | : 978 |
Release | : 2023-07-14 |
Genre | : Fiction |
ISBN | : 3368175203 |
Reprint of the original, first published in 1873.
Author | : Lord Henry Home Kames |
Publisher | : |
Total Pages | : 568 |
Release | : 1825 |
Genre | : Equity |
ISBN | : |
Author | : P. G. Turner |
Publisher | : Cambridge University Press |
Total Pages | : 601 |
Release | : 2016-05-26 |
Genre | : Law |
ISBN | : 1107142733 |
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Author | : Dennis R. Klinck |
Publisher | : Routledge |
Total Pages | : 380 |
Release | : 2016-05-23 |
Genre | : History |
ISBN | : 1317161947 |
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Author | : Roscoe Pound |
Publisher | : |
Total Pages | : 96 |
Release | : 1905 |
Genre | : |
ISBN | : |
Author | : Dennis Klimchuk |
Publisher | : Oxford University Press |
Total Pages | : 752 |
Release | : 2020-04-02 |
Genre | : Law |
ISBN | : 0192549871 |
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.